82 FR 9714 - Countervailing Duty Investigation of Stainless Steel Sheet and Strip From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 25 (February 8, 2017)
International Trade Administration
Federal Register Volume 82, Issue 25 (February 8, 2017)
| Page Range | 9714-9716 | |
| FR Document | 2017-02577 |
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)] [Notices] [Pages 9714-9716] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02577] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-043] Countervailing Duty Investigation of Stainless Steel Sheet and Strip From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of stainless steel sheet and strip (stainless sheet and strip) from the People's Republic of China (PRC) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2015, through December 31, 2015. DATES: Effective February 8, 2017. FOR FURTHER INFORMATION CONTACT: Spencer Toubia or David Lindgren, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0123 or (202) 482-3870, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on July 18, 2016.\1\ A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Final Decision Memorandum.\2\ The Final Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Final Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ See Countervailing Duty Investigation of Stainless Steel Sheet and Strip from the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 81 FR 46643 (July 18, 2016) (Preliminary Determination). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Stainless Steel Sheet and Strip from the People's Republic of China,'' (Final Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- Period of Investigation The period of investigation (POI) for which we are measuring subsidies is January 1, 2015, through December 31, 2015. Scope Comments In accordance with the Preliminary Scope Determination, the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues.\3\ No interested parties submitted scope comments in case or rebuttal briefs; therefore, the scope of this investigation remains unchanged for this final determination. --------------------------------------------------------------------------- \3\ See Memorandum, ``Stainless Steel Sheet and Strip from the People's Republic of China: Preliminary Scope Memorandum for the Antidumping and Countervailing Duty Investigations,'' September 9, 2016. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is stainless sheet and strip from the PRC. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix II of this notice. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Final Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Final [[Page 9715]] Decision Memorandum, is attached to this notice at Appendix I. Use of Adverse Facts Available The Department, in making these findings, relied, in part, on facts available, and because one or more respondents failed to cooperate by not acting to the best of their ability, we made adverse inferences.\4\ For the final determination, we are basing the countervailing duty (CVD) rates for Ningbo Baoxin Stainless Steel Co., Ltd. (Ningbo Baoxin) and Daming International Import Export Co Ltd (Daming) on facts otherwise available, pursuant to sections 776(a)(2)(A) and (C) of the Tariff Act of 1930, as amended (the Act). Further, because Ningbo Baoxin and Daming did not cooperate to the best of their ability in this investigation, we also determine that an adverse inference is warranted, pursuant to section 776(b) of the Act. For further information, see the Preliminary Determination as well as the section ``Use of Facts Otherwise Available and Adverse Inferences,'' in the Final Decision Memorandum. --------------------------------------------------------------------------- \4\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections accepted at verification, we made certain changes to the respondents' subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Final Decision Memorandum and the Final Analysis Memorandum.\5\ --------------------------------------------------------------------------- \5\ See Final Decision Memorandum; see also Memorandum, ``Final Determination Analysis for Shanxi Taigang Stainless Steel Co. Ltd.,'' dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- Final Affirmative Determination of Critical Circumstances, in Part Prior to the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of stainless sheet and strip from the PRC for Shanxi Taigang Stainless Steel Co. Ltd. (Taigang), Ningbo Baoxin, Daming, and ``all other'' companies.\6\ Upon further analysis of the data and comments submitted by interested parties following the Preliminary Determination, we are modifying our findings for the Final Determination.\7\ Specifically, in accordance with section 705(a)(2) of the Act, we find that critical circumstances exist with respect to imports from Ningbo Baoxin and Daming, but do not exist for Taigang and ``all other'' producers or exporters.\8\ --------------------------------------------------------------------------- \6\ See Countervailing Duty Investigation of Stainless Steel Sheet and Strip from the People's Republic of China: Preliminary Determination of Critical Circumstances, 81 FR 41519 (June 27, 2016). \7\ For a full description of the methodology and results of our analysis, see the Final Decision Memorandum. \8\ See Final Decision Memorandum. --------------------------------------------------------------------------- Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we established rates for Taigang (the only individually investigated exporter/producer of the subject merchandise that participated in this investigation), and for Ningbo Baoxin and Daming (which were assigned a rate based on adverse facts available (AFA)). In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A)(i) of the Act, for companies not individually investigated, we apply an ``all-others'' rate, which is normally calculated by weight averaging the subsidy rates of the individual companies selected for individual examination with those companies' export sales of the subject merchandise to the United States, excluding any zero and de minimis rates calculated for the exporters and producers individually investigated, and any rates determined entirely under section 776 of the Act. Consistent with section 705(c)(5)(A)(i) of the Act, we, therefore, have excluded the AFA rate assigned to Ningbo Baoxin and Daming from the determination of the all-others rate. Because the only individually calculated rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Taigang, in accordance with section 705(c)(5)(A)(i) of the Act, the rate calculated for Taigang is assigned as the ``all- others'' rate. The estimated countervailable subsidy rates are summarized in the table below. ------------------------------------------------------------------------ Subsidy rate Company (%) ------------------------------------------------------------------------ Shanxi Taigang Stainless Steel Co. Ltd.................. 75.60 Ningbo Baoxin Stainless Steel Co., Ltd., Baosteel 190.71 Stainless Steel Co Ltd, Baoshan Iron & Steel Co, Ltd., Baosteel Desheng Stainless Steel Co., Ltd, Baosteel Co., Ltd., Bayi Iron & Steel Co., Ltd., Ningbo Iron & Steel Co., Ltd., Shaoguan Iron & Steel Co., Ltd., Guangdong Shaoguan Iron & Steel Co., Ltd., and Zhanjiang Iron & Steel Co., Ltd........................ Daming International Import Export Co Ltd. and Tianjin 190.71 Taigang Daming Metal Product Co., Ltd.................. All-Others.............................................. 75.60 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B), (d)(2), and (e)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of merchandise under consideration from the PRC that were entered or withdrawn from warehouse, for consumption, on or after April 19, 2016. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, for consumption, on or after November 14, 2016, but to continue the suspension of liquidation of all entries from April 19, 2016, through November 13, 2016. If the U.S. International Trade Commission (the ITC) issues a final affirmative injury determination, we will issue a CVD order and will reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. Further, because we find critical circumstances do not exist for Taigang and ``all other'' producers or exporters, we will terminate the retroactive suspension of liquidation ordered at the Preliminary Determination and release any cash deposits that were required during that period, consistent with section 705(c)(3) of the Act. [[Page 9716]] ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders In the event the ITC issues a final negative injury determination, this notice serves as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: February 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Final Determination of Critical Circumstances, in Part IV. Scope Comments V. Scope of the Investigation VI. Application of the Countervailing Duty Law to Imports from the PRC VII. Subsidies Valuation Information VIII. Benchmarks and Discount Rates IX. Use of Facts Otherwise Available and Adverse Inferences X. Analysis of Programs XI. Analysis of Comments Comment 1: Subsidies Received by Taigang Xinlei Comment 2: Previously Unreported Government Grants Received by the Taigang Companies Discovered at Verification Comment 3: TISCO's Exemption from Distributing Dividends to the State Comment 4: Equity Investments in Taigang Wanbang Comment 5: The Department's Preliminary Calculations Relating to the Provision of Land for LTAR Significantly Understate the Countervailable Benefit to TISCO Comment 6: The Department's Preliminary Calculations Contain Errors in Certain Formulas for Calculating the Benefit from the Provision of Electricity for LTAR Comment 7: The Department Must Use Taigang's Consolidated Sales in Calculating Any Subsidy Rate with Respect to Subsidies Received Directly by Taigang Comment 8: The Correct Benchmark for Nickel Pig Iron Comment 9: Provision of Inputs and Financing from Taigang's Cross-Owned Affiliates Comment 10: Countervailability of Certain Chromium Purchases Comment 11: Use of AFA in Finding Deed Tax Exemption Used by Taigang/Untimely Submission XII. Recommendation Appendix II--Scope of the Investigation The merchandise covered by this investigation is stainless steel sheet and strip, whether in coils or straight lengths. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product with a width that is greater than 9.5 mm and with a thickness of 0.3048 mm and greater but less than 4.75 mm, and that is annealed or otherwise heat treated, and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold- rolled, annealed, tempered, polished, aluminized, coated, painted, varnished, trimmed, cut, punched, or slit, etc.) provided that it maintains the specific dimensions of sheet and strip set forth above following such processing. The products described include products regardless of shape, and include products of either rectangular or non-rectangular cross-section where such cross-section is achieved 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; and (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. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. Subject merchandise includes stainless steel sheet and strip that has been further processed in a third country, including but not limited to cold-rolling, annealing, tempering, polishing, aluminizing, coating, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the stainless steel sheet and strip. Excluded from the scope of this investigation are the following: (1) Sheet and strip that is not annealed or otherwise heat treated and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more); and (3) flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in shape, of a width of not more than 9.5 mm). The products under investigation are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. [FR Doc. 2017-02577 Filed 2-7-17; 8:45 am] BILLING CODE 3510-DS-P
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burring or shot blasting. Any one of these 4. Scope of the Investigation discussion of the issues raised by parties
post-forging processes suffices to render the 5. Scope Comments for this final determination, may be
forging into a finished carbon steel flange for 6. Postponement of Final Determination and found in the Final Decision
purposes of this investigation. However, Extension of Provisional Measures Memorandum.2 The Final Decision
mere heat treatment of a carbon steel flange 7. Affiliations and Collapsing of Affiliates
forging (without any other further processing 8. Application of Facts Available and Use of
Memorandum is a public document and
after forging) does not render the forging into Adverse Inference is on file electronically via Enforcement
a finished carbon steel flange for purposes of 9. Calculation of All-Others Rate and Compliance’s Antidumping and
this investigation. 10. Verification Countervailing Duty Centralized
While these finished carbon steel flanges 11. Conclusion Electronic Service System (ACCESS).
are generally manufactured to specification ACCESS is available to registered users
[FR Doc. 2017–02605 Filed 2–7–17; 8:45 am]
ASME B16.5 or ASME B16.47 series A or at http://access.trade.gov, and is
series B, the scope is not limited to flanges BILLING CODE 3510–DS–P
available to all parties in the Central
produced under those specifications. All
types of finished carbon steel flanges are Records Unit, Room B8024 of the main
included in the scope regardless of pipe size DEPARTMENT OF COMMERCE Department of Commerce building. In
(which may or may not be expressed in addition, a complete version of the Final
inches of nominal pipe size), pressure class International Trade Administration Decision Memorandum can be accessed
(usually, but not necessarily, expressed in directly at http://enforcement.trade.gov/
[C–570–043]
pounds of pressure, e.g., 150, 300, 400, 600, frn/. The signed Final Decision
900, 1500, 2500, etc.), type of face (e.g., flat Memorandum and the electronic
face, full face, raised face, etc.), configuration
Countervailing Duty Investigation of
Stainless Steel Sheet and Strip From version are identical in content.
(e.g., weld neck, slip on, socket weld, lap
joint, threaded, etc.), wall thickness (usually, the People’s Republic of China: Final Period of Investigation
but not necessarily, expressed in inches), Affirmative Determination, and Final
normalization, or whether or not heat treated. Affirmative Critical Circumstances The period of investigation (POI) for
These carbon steel flanges either meet or Determination, in Part which we are measuring subsidies is
exceed the requirements of the ASTM A105, January 1, 2015, through December 31,
ASTM A694, ASTM A181, ASTM A350 and AGENCY: Enforcement and Compliance, 2015.
ASTM A707 standards (or comparable International Trade Administration,
foreign specifications). The scope includes Department of Commerce. Scope Comments
any flanges produced to the above-referenced
SUMMARY: The Department of Commerce In accordance with the Preliminary
ASTM standards as currently stated or as
may be amended. The term ‘‘carbon steel’’ (the Department) determines that Scope Determination, the Department
under this scope is steel in which: countervailable subsidies are being set aside a period of time for parties to
(a) iron predominates, by weight, over each provided to producers and exporters of address scope issues in case briefs or
of the other contained elements: stainless steel sheet and strip (stainless other written comments on scope
(b) the carbon content is 2 percent or less, sheet and strip) from the People’s issues.3 No interested parties submitted
by weight; and Republic of China (PRC) as provided in scope comments in case or rebuttal
(c) none of the elements listed below section 705 of the Tariff Act of 1930, as
exceeds the quantity, by weight, as indicated: briefs; therefore, the scope of this
(i) 0.87 percent of aluminum;
amended (the Act). For information on investigation remains unchanged for
(ii) 0.0105 percent of boron; the estimated subsidy rates, see the this final determination.
(iii) 10.10 percent of chromium; ‘‘Final Determination’’ section of this
(iv) 1.55 percent of columbium; notice. The period of investigation is Scope of the Investigation
(v) 3.10 percent of copper; January 1, 2015, through December 31, The product covered by this
(vi) 0.38 percent of lead; 2015. investigation is stainless sheet and strip
(vii) 3.04 percent of manganese;
DATES: Effective February 8, 2017. from the PRC. For a complete
(viii) 2.05 percent of molybdenum;
(ix) 20.15 percent of nickel; FOR FURTHER INFORMATION CONTACT: description of the scope of this
(x) 1.55 percent of niobium; Spencer Toubia or David Lindgren, AD/ investigation, see the ‘‘Scope of the
(xi) 0.20 percent of nitrogen; CVD Operations, Office VII, Investigation,’’ in Appendix II of this
(xii) 0.21 percent of phosphorus; Enforcement and Compliance, notice.
(xiii) 3.10 percent of silicon; International Trade Administration,
(xiv) 0.21 percent of sulfur; Analysis of Subsidy Programs and
U.S. Department of Commerce, 1401 Comments Received
(xv) 1.05 percent of titanium;
(xvi) 4.06 percent of tungsten; Constitution Avenue NW., Washington,
(xvii) 0.53 percent of vanadium; or DC 20230; telephone (202) 482–0123 or The subsidy programs under
(xviii) 0.015 percent of zirconium. (202) 482–3870, respectively. investigation and the issues raised in
Finished carbon steel flanges are currently SUPPLEMENTARY INFORMATION: the case and rebuttal briefs by parties in
classified under subheadings 7307.91.5010 this investigation are discussed in the
and 7307.91.5050 of the Harmonized Tariff Background Final Decision Memorandum. A list of
Schedule of the United States (HTSUS). They The Department published the the issues that parties raised, and to
may also be entered under HTSUS which we responded in the Final
subheadings 7307.91.5030 and 7307.91.5070. Preliminary Determination on July 18,
The HTSUS subheadings are provided for 2016.1 A summary of the events that
2 See Memorandum, ‘‘Issues and Decision
convenience and customs purposes; the occurred since the Department
Memorandum for the Final Determination in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
written description of the scope is published the Preliminary Countervailing Duty Investigation of Stainless Steel
dispositive. Determination, as well as a full Sheet and Strip from the People’s Republic of
China,’’ (Final Decision Memorandum), dated
Appendix II 1 See Countervailing Duty Investigation of concurrently with this determination and hereby
List of Topics Discussed in the Preliminary Stainless Steel Sheet and Strip from the People’s adopted by this notice.
Decision Memorandum Republic of China: Preliminary Affirmative 3 See Memorandum, ‘‘Stainless Steel Sheet and
Determination and Alignment of Final Strip from the People’s Republic of China:
1. Summary Determination with Final Antidumping Duty Preliminary Scope Memorandum for the
2. Background Determination, 81 FR 46643 (July 18, 2016) Antidumping and Countervailing Duty
3. Period of Investigation (Preliminary Determination). Investigations,’’ September 9, 2016.
VerDate Sep<11>2014 17:36 Feb 07, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1](https://thefederalregister.org/doc/82_FR_9739/page/1.svg)
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ITC Notification Comment 6: The Department’s Preliminary processing that would not otherwise remove
Calculations Contain Errors in Certain the merchandise from the scope of the
In accordance with section 705(d) of Formulas for Calculating the Benefit investigation if performed in the country of
the Act, we will notify the ITC of our from the Provision of Electricity for manufacture of the stainless steel sheet and
determination. In addition, we are LTAR strip.
making available to the ITC all non- Comment 7: The Department Must Use Excluded from the scope of this
privileged and non-proprietary Taigang’s Consolidated Sales in investigation are the following: (1) Sheet and
information related to this investigation. Calculating Any Subsidy Rate with strip that is not annealed or otherwise heat
We will allow the ITC access to all Respect to Subsidies Received Directly treated and not pickled or otherwise
by Taigang descaled; (2) plate (i.e., flat-rolled stainless
privileged and business proprietary
Comment 8: The Correct Benchmark for steel products of a thickness of 4.75 mm or
information in our files, provided the Nickel Pig Iron more); and (3) flat wire (i.e., cold-rolled
ITC confirms that it will not disclose Comment 9: Provision of Inputs and sections, with a mill edge, rectangular in
such information, either publicly or Financing from Taigang’s Cross-Owned shape, of a width of not more than 9.5 mm).
under an administrative protective order Affiliates The products under investigation are
(APO), without the written consent of Comment 10: Countervailability of Certain currently classifiable under Harmonized
the Assistant Secretary for Enforcement Chromium Purchases Tariff Schedule of the United States (HTSUS)
and Compliance. Comment 11: Use of AFA in Finding Deed subheadings 7219.13.0031, 7219.13.0051,
Tax Exemption Used by Taigang/ 7219.13.0071, 7219.13.0081, 7219.14.0030,
Notification Regarding Administrative Untimely Submission 7219.14.0065, 7219.14.0090, 7219.23.0030,
Protective Orders XII. Recommendation 7219.23.0060, 7219.24.0030, 7219.24.0060,
7219.32.0005, 7219.32.0020, 7219.32.0025,
In the event the ITC issues a final Appendix II—Scope of the Investigation 7219.32.0035, 7219.32.0036, 7219.32.0038,
negative injury determination, this 7219.32.0042, 7219.32.0044, 7219.32.0045,
The merchandise covered by this
notice serves as the only reminder to investigation is stainless steel sheet and strip, 7219.32.0060, 7219.33.0005, 7219.33.0020,
parties subject to an APO of their whether in coils or straight lengths. Stainless 7219.33.0025, 7219.33.0035, 7219.33.0036,
responsibility concerning the steel is an alloy steel containing, by weight, 7219.33.0038, 7219.33.0042, 7219.33.0044,
destruction of proprietary information 1.2 percent or less of carbon and 10.5 percent 7219.33.0045, 7219.33.0070, 7219.33.0080,
disclosed under APO in accordance or more of chromium, with or without other 7219.34.0005, 7219.34.0020, 7219.34.0025,
with 19 CFR 351.305(a)(3). Timely elements. The subject sheet and strip is a flat- 7219.34.0030, 7219.34.0035, 7219.34.0050,
rolled product with a width that is greater 7219.35.0005, 7219.35.0015, 7219.35.0030,
written notification of the return or 7219.35.0035, 7219.35.0050, 7219.90.0010,
than 9.5 mm and with a thickness of 0.3048
destruction of APO materials, or 7219.90.0020, 7219.90.0025, 7219.90.0060,
mm and greater but less than 4.75 mm, and
conversion to judicial protective order, that is annealed or otherwise heat treated, 7219.90.0080, 7220.12.1000, 7220.12.5000,
is hereby requested. Failure to comply and pickled or otherwise descaled. The 7220.20.1010, 7220.20.1015, 7220.20.1060,
with the regulations and terms of an subject sheet and strip may also be further 7220.20.1080, 7220.20.6005, 7220.20.6010,
APO is a violation subject to sanction. processed (e.g., cold-rolled, annealed, 7220.20.6015, 7220.20.6060, 7220.20.6080,
This determination is issued and tempered, polished, aluminized, coated, 7220.20.7005, 7220.20.7010, 7220.20.7015,
published pursuant to sections 705(d) painted, varnished, trimmed, cut, punched, 7220.20.7060, 7220.20.7080, 7220.90.0010,
and 777(i) of the Act. or slit, etc.) provided that it maintains the 7220.90.0015, 7220.90.0060, and
specific dimensions of sheet and strip set 7220.90.0080. Although the HTSUS
Dated: February 1, 2017. forth above following such processing. The subheadings are provided for convenience
Ronald K. Lorentzen, products described include products and customs purposes, the written
Acting Assistant Secretary for Enforcement regardless of shape, and include products of description of the scope of this proceeding is
and Compliance. either rectangular or non-rectangular cross- dispositive.
section where such cross-section is achieved [FR Doc. 2017–02577 Filed 2–7–17; 8:45 am]
Appendix I—List of Topics Discussed in subsequent to the rolling process, i.e.,
the Final Decision Memorandum BILLING CODE 3510–DS–P
products which have been ‘‘worked after
I. Summary rolling’’ (e.g., products which have been
II. Background beveled or rounded at the edges).
For purposes of the width and thickness DEPARTMENT OF COMMERCE
III. Final Determination of Critical
Circumstances, in Part requirements referenced above: (1) Where the
nominal and actual measurements vary, a International Trade Administration
IV. Scope Comments
V. Scope of the Investigation product is within the scope if application of [A–570–042]
VI. Application of the Countervailing Duty either the nominal or actual measurement
Law to Imports from the PRC would place it within the scope based on the Antidumping Duty Investigation of
VII. Subsidies Valuation Information definitions set forth above; and (2) where the Stainless Steel Sheet and Strip From
VIII. Benchmarks and Discount Rates width and thickness vary for a specific
the People’s Republic of China: Final
IX. Use of Facts Otherwise Available and product (e.g., the thickness of certain
products with non-rectangular cross-section, Determination of Sales at Less Than
Adverse Inferences
X. Analysis of Programs the width of certain products with non- Fair Value and Final Affirmative
XI. Analysis of Comments rectangular shape, etc.), the measurement at Determination of Critical
Comment 1: Subsidies Received by Taigang its greatest width or thickness applies. Circumstances
Xinlei All products that meet the written physical
Comment 2: Previously Unreported description, and in which the chemistry AGENCY: Enforcement and Compliance,
Government Grants Received by the quantities do not exceed any one of the noted International Trade Administration,
Taigang Companies Discovered at element levels listed above, are within the Department of Commerce.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Verification scope of this investigation unless specifically DATES: Effective February 8, 2017.
Comment 3: TISCO’s Exemption from excluded. SUMMARY: The Department of Commerce
Distributing Dividends to the State Subject merchandise includes stainless
(the Department) determines that
Comment 4: Equity Investments in Taigang steel sheet and strip that has been further
Wanbang processed in a third country, including but imports of stainless steel sheet and strip
Comment 5: The Department’s Preliminary not limited to cold-rolling, annealing, (stainless sheet and strip) from the
Calculations Relating to the Provision of tempering, polishing, aluminizing, coating, People’s Republic of China (PRC) is
Land for LTAR Significantly Understate painting, varnishing, trimming, cutting, being, or is likely to be, sold in the
the Countervailable Benefit to TISCO punching, and/or slitting, or any other United States at less than fair value
VerDate Sep<11>2014 17:36 Feb 07, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1](https://thefederalregister.org/doc/82_FR_9739/page/3.svg)
Document Created: 2017-02-08 02:59:17
Document Modified: 2017-02-08 02:59:17
| 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 February 8, 2017. | |
| Contact | Spencer Toubia or David Lindgren, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0123 or (202) 482-3870, respectively. | |
| FR Citation | 82 FR 9714 |
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