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)

Page Range67962-67967
FR Document2016-23836

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.

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


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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\
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    \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'').
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    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.
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    \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.
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    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\
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    \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).
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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\
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    \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.
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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\
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    \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.
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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\
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    \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.
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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.
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    \27\ See ITC Letter.
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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.
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    \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).
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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\
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    \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.
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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.
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    \32\ See Australia Prelim, Brazil Prelim, Japan Prelim, Korea 
Prelim, Netherlands Prelim, Turkey Prelim, and United Kingdom 
Prelim.
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    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.
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    \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).
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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.
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    \34\ The cash deposit rates are adjusted to account for the 
applicable export subsidy rates.
    \35\ Id.
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    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
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    \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).
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    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of 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\
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    \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.
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     Ball bearing steels; \39\
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    \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.
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     Tool steels; \40\ and
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    \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


Current View
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.
ContactFrances 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 Citation81 FR 67962 

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