81 FR 67962 - Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Australia, the Republic of Korea, and the Republic of Turkey and Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 191 (October 3, 2016)
International Trade Administration
Federal Register Volume 81, Issue 191 (October 3, 2016)
| Page Range | 67962-67967 | |
| FR Document | 2016-23836 |
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)] [Notices] [Pages 67962-67967] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23836] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-602-809, A-351-845, A-588-874, A-580-883, A-421-813, A-489-826, A- 412-825] Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Australia, the Republic of Korea, and the Republic of Turkey and Antidumping 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 (the ITC), the Department is issuing antidumping duty orders on certain hot- rolled steel flat products (hot-rolled steel) from Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom. In addition, the Department is amending its final determinations of sales at less-than-fair-value (LTFV) from Australia, the Republic of Korea, and the Republic of Turkey, as a result of ministerial errors. DATES: Effective October 3, 2016. FOR FURTHER INFORMATION CONTACT: Frances Veith at (202) 482-4295 (Australia); Peter Zukowski at (202) 482-0189 (Brazil); Myrna Lobo at (202) 482-2371 (Japan); Matthew Renkey at (202) 482-2312 (the Republic of Korea (Korea)); Dmitry Vladimirov at (202) 482-0665, (the Netherlands); Toni Page at (202) 482-1398 (the Republic of Turkey (Turkey)); and Catherine Cartsos at (202) 482-1757 (the United Kingdom), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(a) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on August 4, 2016, the Department made affirmative final determinations in the LTFV investigations of certain hot-rolled steel flat from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom. Pursuant to section 735(d) of the Act, the Department published the [[Page 67963]] affirmative final determinations on August 12, 2016. \1\ --------------------------------------------------------------------------- \1\ See Certain Hot-Rolled Steel Flat Products From Australia: Final Determination of Sales at Less Than Fair Value, 81 FR 53406 (August 12, 2016) (``Australia Final''); Certain Hot-Rolled Steel Flat Products From Brazil: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 81 FR 53426 (August 12, 2016) (``Brazil Final''); Certain Hot-Rolled Steel Flat Products From Japan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 53409 (August 12, 2016) (``Japan Final''); Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 81 FR 53419 (August 12, 2016) (``Korea Final''); Certain Hot-Rolled Steel Flat Products From the Netherlands: Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances, 81 FR 53421 (August 12, 2016) (``Netherlands Final''); Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 81 FR 53428 (August 12, 2016) (``Turkey Final''); Certain Hot-Rolled Steel Flat Products From the United Kingdom: Final Determination of Sales at Less Than Fair Value, 81 FR 53436, (August 12, 2016) (``United Kingdom Final''). --------------------------------------------------------------------------- On August 15, 2016, Petitioners \2\ alleged that the Department made ministerial errors in the Australia Final.\3\ A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.\4\ On August 10, 2016, Petitioners and Hyundai Steel Company alleged that the Department made ministerial errors in the Korea Final. On August 15, 2016, POSCO submitted rebuttal comments to Petitioners' allegation, and Petitioners submitted rebuttal comments to Hyundai Steel Company's allegation.\5\ On August 11 and 12, 2016, mandatory respondent Colakoglu Metalurji A.S. and its affiliates (collectively Colakoglu),\6\ and Petitioners \7\ alleged that the Department made ministerial errors in the Turkey Final. See ``Amendment to the Australia Final Determination,'' ``Amendment to the Korea Final Determination,'' and ``Amendment to the Turkey Final Determinations'' sections below for further discussion. --------------------------------------------------------------------------- \2\ United States Steel Corporation (U.S. Steel) submitted comments on behalf of petitioners, i.e., AK Steel Corporation, ArcelorMittal USA LLC, Nucor Corporation, SSAB Enterprises, LLC, Steel Dynamics, Inc., and United States Steel Corporation (collectively ``Petitioners''). \3\ See Letter to the Secretary of Commerce from U.S. Steel, dated August 15, 2016. \4\ See section 735(e) of the Act and 19 CFR 351.224(f). \5\ See Letter to the Secretary of Commerce from POSCO, dated August 15, 2016. \6\ See Letter to the Secretary of Commerce from Colakoglu, dated August 11, 2016. \7\ See Letter to the Secretary of Commerce from Petitioners, dated August 12, 2016. --------------------------------------------------------------------------- On September 26, 2016, the ITC notified the Department of its affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of LTFV imports of hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom and of its determination that critical circumstances do not exist with respect to imports of hot-rolled steel from Brazil and Japan.\8\ --------------------------------------------------------------------------- \8\ 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). --------------------------------------------------------------------------- Scope of the Orders The product covered by these orders is hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom. For a complete description of the scope of these orders, see Appendix I. Amendment to Australia Final Determination As discussed above, the Department reviewed the record and agrees that the two errors referenced in Petitioners' allegation constitute ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f).\9\ Specifically, the Department neglected to fully adjust BlueScope Steel Ltd.'s normal value for processing revenue and freight revenue.\10\ Pursuant to 19 CFR 351.224(e), the Department is amending the Australia Final to reflect the correction of the ministerial errors described above. Based on our correction, BlueScope Steel Ltd.'s weighted-average dumping margin increased from 29.37 percent to 29.58 percent. Because the Australian ``all-others'' rate is based solely on BlueScope Steel Ltd.'s dumping margin, the corrections noted above also increase the all-others rate determined in the Australia Final to 29.58 percent.\11\ --------------------------------------------------------------------------- \9\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations regarding, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from Australia: Allegation of Ministerial Errors in the Final Determination,'' (September 16, 2016). \10\ Id. \11\ Id. --------------------------------------------------------------------------- Amendment to Korea Final Determination The Department reviewed the record and agrees that the error referenced in Petitioners' allegation with respect to POSCO constitutes a ministerial error within the meaning of section 735(e) of the Act and 19 CFR 351.224(f), whereas neither the errors alleged by Hyundai Steel Company, nor the error alleged by Petitioners with respect to Hyundai Steel Company, are ministerial errors.\12\ Specifically, the programming code used in POSCO's final margin calculation program did not correctly implement certain revised indirect selling expense figures.\13\ Additionally, we find that the alleged errors regarding our final Hyundai Steel Company margin calculation are methodological, rather than ministerial, in nature.\14\ Pursuant to 19 CFR 351.224(e), the Department is amending the Korea Final to reflect the correction of the ministerial error in POSCO's final margin calculation described above. Based on our correction, POSCO's weighted-average dumping margin increased from 3.89 percent to 4.61 percent. Because the Korean ``all- others'' rate is based in part on POSCO's dumping margin, the correction noted above also increases the all-others rate determined in the Korea Final to 6.05 percent.\15\ --------------------------------------------------------------------------- \12\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations regarding, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from Korea: Allegation of Ministerial Errors in the Final Determination,'' (September 23, 2016). \13\ Id. \14\ Id. \15\ Id. --------------------------------------------------------------------------- Amendment to Turkey Final Determination The Department reviewed the record and agrees that the error referenced in Colakoglu's allegation and the errors referenced in Petitioners' allegation constitute ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f).\16\ Specifically, the Department utilized the incorrect denominator in its calculation of Colakoglu's indirect selling expenses ratio.\17\ Pursuant to 19 CFR 351.224(e), the Department is amending the Turkey Final to reflect the correction of the ministerial error described above. Based [[Page 67964]] on our correction, Colakoglu's weighted-average dumping margin decreased from 7.15 percent to 6.77 percent.\18\ In reference to the ministerial errors alleged by Petitioners, the Department inadvertently omitted direct credit expenses from the calculation of Ere[gbreve]li Demir ve [Ccedil]elik Fabrikalari T.A.[Scedil]. and its Affiliates (collectively Erdemir) comparison market gross unit price adjustment.\19\ The Department also erred in inputting raw data into the comparison market program to account for the control numbers that were sold but not produced during the POI for Erdemir.\20\ Finally, the Department incorrectly applied the export subsidy adjustment to the U.S. net price for Erdemir.\21\ Pursuant to 19 CFR 351.224(e), the Department is amending the Turkey Final to reflect the correction of the ministerial errors described above. However, because the ITC found imports subsidized by the government of Turkey to be negligible,\22\ thereby resulting in the termination of the companion countervailing duty investigation of hot-rolled steel from Turkey,\23\ we are further amending the Turkey Final to eliminate any adjustment to cash deposit rates for export subsidies.\24\ Based on our corrections, Erdemir's weighted-average dumping margin increased from 3.66 percent to 4.15 percent.\25\ Because the Turkish ``all-others'' rate is based on Colakoglu's and Erdemir's dumping margins, the corrections noted above also increases the all-others rate determined in the Turkey Final to 6.41 percent.\26\ --------------------------------------------------------------------------- \16\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations regarding, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from the Republic of Turkey: Allegation of Ministerial Errors in the Final Determination,'' (September 27, 2016) (Turkey Ministerial Error Memorandum). \17\ Id. \18\ Id. \19\ Id. \20\ Id. \21\ Id. \22\ See ITC Letter. \23\ See section 735(c)(2) of the Act. \24\ See Turkey Ministerial Error Memorandum. \25\ Id. \26\ Id. --------------------------------------------------------------------------- Antidumping Duty Orders In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC has notified the Department of its final determinations that an industry in the United States is materially injured by reason of the LTFV imports of certain hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom.\27\ Therefore, in accordance with section 735(c)(2) of the Act, we are publishing these antidumping duty orders. Because the ITC determined that imports of hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom are materially injuring a U.S. industry, unliquidated entries of such merchandise from these countries, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \27\ See ITC Letter. --------------------------------------------------------------------------- Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom In accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom. Antidumping duties will be assessed on unliquidated entries of hot-rolled steel products from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom entered, or withdrawn from warehouse, for consumption on or after March 22, 2016, the date of publication of the preliminary determination, \28\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination as further described below. --------------------------------------------------------------------------- \28\ See Certain Hot-Rolled Steel Flat Products from Australia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 15241 (March 22, 2016) (``Australia Prelim''); Certain Hot-Rolled Steel Flat Products From Brazil: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 81 FR 15235 (March 22, 2016) (Brazil Prelim); Certain Hot-Rolled Steel Flat Products from Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 15222 (March 22, 2016) (Japan Prelim); Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Affirmative Preliminary Determination of Sales at Less than Fair Value and Postponement of Final Determination, 81 FR 15228 (March 22, 2016) (Korea Prelim); Certain Hot-Rolled Steel Flat Products from the Netherlands: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 81 FR 15225 (March 22, 2016) (Netherlands Prelim); Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 15231 (March 22, 2016) (Turkey Prelim); and 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) (United Kingdom Prelim). --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins listed below.\29\ The ``all others'' rate applies to all producers or exporters not specifically listed, as appropriate. For the purpose of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from Brazil and Korea have been adjusted, as appropriate, for export subsidies found in the final determinations of the companion countervailing duty investigations of this merchandise imported from Brazil and Korea.\30\ For Turkey, as noted above, because of the ITC's finding of negligible subsidized imports, we have not made any adjustment to cash deposit rates for export subsidies for imports of subject merchandise from Turkey.\31\ --------------------------------------------------------------------------- \29\ See section 736(a)(3) of the Act. \30\ See Brazil Final and Korea Final. \31\ See ITC Letter; see also Turkey Ministerial Error Memorandum. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom, the Department extended the four-month period to six months in each case.\32\ In the underlying investigations, the Department published the preliminary determinations on March 22, 2016. Therefore, the extended period, beginning on the date of publication of the preliminary determination, ended on September 17, 2016. Furthermore, section 737(b) of the Act states that [[Page 67965]] definitive duties are to begin on the date of publication of the ITC's final injury determination. --------------------------------------------------------------------------- \32\ See Australia Prelim, Brazil Prelim, Japan Prelim, Korea Prelim, Netherlands Prelim, Turkey Prelim, and United Kingdom Prelim. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice,\33\ we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom entered, or withdrawn from warehouse, for consumption after September 17, 2016, until and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register. --------------------------------------------------------------------------- \33\ See, e.g., Certain Corrosion-Resistant Steel Products From India, Italy, the People's Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016). --------------------------------------------------------------------------- Critical Circumstances With regard to the ITC's negative critical circumstances determination on imports of hot-rolled steel from Brazil and Japan, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to entries of hot-rolled steel from Brazil and Japan entered, or withdrawn from warehouse, for consumption on or after December 23, 2015 (i.e., 90 days prior to the date of publication of the preliminary determinations), but before March 22, 2016 (i.e., the date of publication of the preliminary determinations). Estimated Weighted-Average Dumping Margins The weighted-average antidumping duty margin percentages are as follows: ------------------------------------------------------------------------ Weighted- Exporter/producer average Cash-deposit margin (%) rate (%) ------------------------------------------------------------------------ Australia ------------------------------------------------------------------------ BlueScope Steel Ltd..................... 29.58 .............. All Others.............................. 29.58 .............. ------------------------------------------------------------------------ Brazil \34\ ------------------------------------------------------------------------ Companhia Siderurgica Nacional.......... 33.14 29.07 Usinas Siderurgicas de Minas Gerais..... 34.28 30.51 All Others.............................. 33.14 29.07 ------------------------------------------------------------------------ Japan ------------------------------------------------------------------------ JFE Steel Corporation................... 7.51 .............. Nippon Steel & Sumitomo Metal 4.99 .............. Corporation............................ All Others.............................. 5.58 .............. ------------------------------------------------------------------------ Korea \35\ ------------------------------------------------------------------------ Hyundai Steel Company................... 9.49 9.49 POSCO................................... 4.61 0.00 All Others.............................. 6.05 6.05 ------------------------------------------------------------------------ Netherlands ------------------------------------------------------------------------ Tata Steel Ijmuiden B.V................. 3.73 .............. All Others.............................. 3.73 .............. ------------------------------------------------------------------------ Turkey ------------------------------------------------------------------------ Colakoglu Metalurji A.S./Colakoglu Dis 6.77 .............. Ticaret A.S............................ Ere[gbreve]li Demir ve [Ccedil]elik 4.15 .............. Fabrikalar[inodot] T.A.[Scedil]/ Iskenderun Demir ve [Ccedil]elik T.A.[Scedil]........................... All Others.............................. 6.41 .............. ------------------------------------------------------------------------ United Kingdom ------------------------------------------------------------------------ Tata Steel U.K. Ltd..................... 33.06 .............. All Others.............................. 33.06 .............. ------------------------------------------------------------------------ [[Page 67966]] This notice constitutes the antidumping duty orders with respect to hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. --------------------------------------------------------------------------- \34\ The cash deposit rates are adjusted to account for the applicable export subsidy rates. \35\ Id. --------------------------------------------------------------------------- These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: September 27, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Orders The products covered by these orders 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 \36\ or countervailing duty \37\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \36\ 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). \37\ 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 these orders 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 these scopes regardless of levels of boron and titanium. For example, specifically included in these scopes 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 these 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 these orders: 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; \38\ --------------------------------------------------------------------------- \38\ 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; \39\ --------------------------------------------------------------------------- \39\ 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; \40\ and --------------------------------------------------------------------------- \40\ 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; \41\ --------------------------------------------------------------------------- \41\ 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 covered by these orders 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 covered by these orders 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 [[Page 67967]] purposes only. The written description of the scope of these orders is dispositive. [FR Doc. 2016-23836 Filed 9-30-16; 8:45 a.m.] BILLING CODE 3510-DS-P
![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
sradovich on DSK3GMQ082PROD with NOTICES
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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![Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices 67967
purposes only. The written description of the (‘‘the Commission’’) is publishing Year (‘‘Sunset’’) Reviews of
scope of these orders is dispositive. concurrently with this notice its notice Antidumping and Countervailing Duty
[FR Doc. 2016–23836 Filed 9–30–16; 8:45 a.m.] of Institution of Five-Year Review which Orders, 63 FR 13516 (March 20, 1998)
BILLING CODE 3510–DS–P covers the same order(s). and 70 FR 62061 (October 28, 2005).
DATES: Effective on October 1, 2016. Guidance on methodological or
FOR FURTHER INFORMATION CONTACT: The analytical issues relevant to the
DEPARTMENT OF COMMERCE Department official identified in the Department’s conduct of Sunset
Initiation of Review section below at Reviews is set forth in Antidumping
International Trade Administration
AD/CVD Operations, Enforcement and Proceedings: Calculation of the
Initiation of Five-Year (‘‘Sunset’’) Compliance, International Trade Weighted-Average Dumping Margin and
Review Administration, U.S. Department of Assessment Rate in Certain
Commerce, 14th Street and Constitution Antidumping Duty Proceedings; Final
AGENCY: Enforcement and Compliance, Avenue NW., Washington, DC 20230.
International Trade Administration, Modification, 77 FR 8101 (February 14,
For information from the Commission 2012).
Department of Commerce. contact Mary Messer, Office of
SUMMARY: In accordance with the Tariff Investigations, U.S. International Trade Initiation of Review
Act of 1930, as amended (‘‘the Act’’), the Commission at (202) 205–3193.
Department of Commerce (‘‘the SUPPLEMENTARY INFORMATION:
In accordance with 19 CFR
Department’’) is automatically initiating 351.218(c), we are initiating Sunset
the five-year review (‘‘Sunset Review’’) Background Reviews of the following antidumping
of the antidumping and countervailing The Department’s procedures for the and countervailing duty order(s):
duty (‘‘AD/CVD’’) order(s) listed below. conduct of Sunset Reviews are set forth
The International Trade Commission in its Procedures for Conducting Five-
DOC case No. ITC case No. Country Product Department contact
A–570–899 ............ 731–TA–1091 PRC Artist Canvas (2nd Review) ............................. David Goldberger, (202) 482–4136.
A–570–832 ............ 731–TA–696 PRC Pure Magnesium (4th Review) ........................ David Goldberger, (202) 482–4136.
Filing Information representatives in these segments.3 The submitting factual information in these
formats for the revised certifications are segments.5
As a courtesy, we are making provided at the end of the Final Rule.
information related to sunset Letters of Appearance and
The Department intends to reject factual Administrative Protective Orders
proceedings, including copies of the submissions if the submitting party does
pertinent statute and Department’s not comply with the revised Pursuant to 19 CFR 351.103(d), the
regulations, the Department’s schedule certification requirements. Department will maintain and make
for Sunset Reviews, a listing of past available a public service list for these
revocations and continuations, and On April 10, 2013, the Department proceedings. Parties wishing to
current service lists, available to the modified two regulations related to AD/ participate in any of these five-year
public on the Department’s Web site at CVD proceedings: the definition of reviews must file letters of appearance
the following address: ‘‘http:// factual information (19 CFR as discussed at 19 CFR 351.103(d)). To
enforcement.trade.gov/sunset/.’’ All 351.102(b)(21)), and the time limits for facilitate the timely preparation of the
submissions in these Sunset Reviews the submission of factual information public service list, it is requested that
must be filed in accordance with the (19 CFR 351.301).4 Parties are advised to those seeking recognition as interested
Department’s regulations regarding review the final rule, available at http:// parties to a proceeding submit an entry
format, translation, and service of enforcement.trade.gov/frn/2013/ of appearance within 10 days of the
documents. These rules, including 1304frn/2013-08227.txt, prior to publication of the Notice of Initiation.
submitting factual information in these Because deadlines in Sunset Reviews
electronic filing requirements via
segments. To the extent that other can be very short, we urge interested
Enforcement and Compliance’s
regulations govern the submission of parties who want access to proprietary
Antidumping and Countervailing Duty information under administrative
Centralized Electronic Service System factual information in a segment (such
as 19 CFR 351.218), these time limits protective order (‘‘APO’’) to file an APO
(‘‘ACCESS’’), can be found at 19 CFR application immediately following
351.303.1 will continue to be applied. Parties are
also advised to review the final rule publication in the Federal Register of
This notice serves as a reminder that this notice of initiation. The
concerning the extension of time limits
any party submitting factual information Department’s regulations on submission
for submissions in AD/CVD
in an AD/CVD proceeding must certify of proprietary information and
proceedings, available at http://
to the accuracy and completeness of that eligibility to receive access to business
enforcement.trade.gov/frn/2013/ proprietary information under APO can
information.2 Parties are hereby
1309frn/2013-22853.txt, prior to be found at 19 CFR 351.304–306.
reminded that revised certification
sradovich on DSK3GMQ082PROD with NOTICES
requirements are in effect for company/ 3 See Certification of Factual Information To Information Required From Interested
government officials as well as their Import Administration During Antidumping and Parties
Countervailing Duty Proceedings, 78 FR 42678 (July
1 See also Antidumping and Countervailing Duty 17, 2013) (‘‘Final Rule’’) (amending 19 CFR
Domestic interested parties, as
Proceedings: Electronic Filing Procedures; 351.303(g)). defined in section 771(9)(C), (D), (E), (F),
Administrative Protective Order Procedures, 76 FR 4 See Definition of Factual Information and Time
39263 (July 6, 2011). Limits for Submission of Factual Information: Final 5 See Extension of Time Limits, 78 FR 57790
2 See section 782(b) of the Act. Rule, 78 FR 21246 (April 10, 2013). (September 20, 2013).
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Document Created: 2018-02-13 14:11:24
Document Modified: 2018-02-13 14:11:24
| 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 October 3, 2016. | |
| Contact | Frances Veith at (202) 482-4295 (Australia); Peter Zukowski at (202) 482-0189 (Brazil); Myrna Lobo at (202) 482-2371 (Japan); Matthew Renkey at (202) 482-2312 (the Republic of Korea (Korea)); Dmitry Vladimirov at (202) 482-0665, (the Netherlands); Toni Page at (202) 482-1398 (the Republic of Turkey (Turkey)); and Catherine Cartsos at (202) 482-1757 (the United Kingdom), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 81 FR 67962 |
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