82_FR_9741 82 FR 9716 - Antidumping Duty Investigation of Stainless Steel Sheet and Strip From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances

82 FR 9716 - Antidumping Duty Investigation of Stainless Steel Sheet and Strip From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 25 (February 8, 2017)

Page Range9716-9719
FR Document2017-02576

The Department of Commerce (the Department) determines that imports of stainless steel sheet and strip (stainless sheet and strip) from the People's Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through December 31, 2015. The final weighted-average dumping margins for the investigation on stainless sheet and strip from the PRC are listed below in the ``Final Determination'' section of this notice. We continue to find that critical circumstances exist for the PRC-wide entity and the separate rate companies that were not selected for individual examination.

Federal Register, Volume 82 Issue 25 (Wednesday, February 8, 2017)
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Notices]
[Pages 9716-9719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02576]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-042]


Antidumping Duty Investigation of Stainless Steel Sheet and Strip 
From the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value and Final Affirmative Determination of Critical 
Circumstances

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

DATES: Effective February 8, 2017.

SUMMARY: The Department of Commerce (the Department) determines that 
imports of stainless steel sheet and strip (stainless sheet and strip) 
from the People's Republic of China (PRC) is being, or is likely to be, 
sold in the United States at less than fair value

[[Page 9717]]

(LTFV). The period of investigation (POI) is July 1, 2015, through 
December 31, 2015. The final weighted-average dumping margins for the 
investigation on stainless sheet and strip from the PRC are listed 
below in the ``Final Determination'' section of this notice. We 
continue to find that critical circumstances exist for the PRC-wide 
entity and the separate rate companies that were not selected for 
individual examination.

FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, or Kathryn Wallace, 
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-
4956 or (202) 482-6251 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 19, 2016, the Department published its affirmative 
preliminary determination that stainless sheet and strip from the PRC 
is being, or is likely to be, sold in the United States at less than 
fair value, as provided by section 733 of the Tariff Act of 1930, as 
amended (the Act).\1\ The following events occurred since the 
Preliminary Determination. On October 21, 2016, the Department issued a 
postponement of the Final Determination.\2\ We invited interested party 
comments on the Preliminary Determination in this investigation. On 
November 2, 2016, mandatory respondent, Shanxi Taigang Stainless Steel 
Co., Ltd (Taigang) submitted a case brief. On November 14, 2016, 
Petitioners filed a rebuttal case brief.\3\ On January 17, 2017, the 
Department held hearing with respect to this investigation. For a 
complete discussion of the issues raised in the case and rebuttal 
briefs, see the Issues and Decision Memorandum.\4\
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    \1\ See Stainless Steel Sheet and Strip From the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value and Preliminary Affirmative Determination of 
Critical Circumstances, 81 FR 64135 (September 19, 2016) 
(Preliminary Determination) and the accompanying Preliminary 
Determination Memorandum.
    \2\ See Stainless Steel Sheet and Strip from the People's 
Republic of China: Postponement of Final Determination of Sales at 
Less Than Fair Value Investigation, 81 FR 72776 (October 21, 2016).
    \3\ Petitioners are AK Steel Corporation, Allegheny Ludlum, LLC 
d/b/a ATI Flat Rolled Products, North American Stainless, and 
Outokumpu Stainless USA, LLC.
    \4\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, regarding ``Decision Memorandum for the 
Final Determination in the Antidumping Duty Investigation of 
Stainless Steel Sheet and Strip from the People's Republic of 
China,'' (February 1, 2017) (Issues and Decision Memorandum), which 
is hereby adopted by this notice.
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Period of Investigation

    The POI is July 1, 2015, through December 31, 2015. This period 
corresponds to the two most recent fiscal quarters prior to the month 
of the filing of the petition.\5\
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    \5\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation

    The product covered by this investigation is stainless sheet and 
strip. For a complete description of the scope of this investigation, 
see Appendix I.

Final Affirmative Determination of Critical Circumstances

    We continue to find that critical circumstances exist for the PRC-
wide entity and non-selected respondents eligible for a separate rate, 
in accordance with section 735(a)(3) of the Act and 19 CFR 351.206. For 
a full description of the methodology and results of our analysis, see 
the Preliminary Determination, unchanged in the Issues and Decision 
Memorandum.

Separate Rates

    In the Preliminary Determination, we found that evidence provided 
by Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd. 
(Ridetaixing), and Zhangjiagang Pohang Stainless Steel Co., Ltd. (ZPSS) 
supported finding an absence of both de jure and de facto government 
control, and, therefore, we preliminarily granted a separate rate to 
each of these companies.\6\ In addition, in the Preliminary 
Determination, we found Tiancheng Stainless Steel Products Co., Ltd. 
(Tiancheng), Taigang and Tianjin Taigang Daming Metal Product Co., Ltd. 
(Daming) to be ineligible for a separate rate.\7\ For the final 
determination, we continue to find that Ridetaixing and ZPSS are 
eligible for separate rates.
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    \6\ See Preliminary Decision Memorandum at 10-13.
    \7\ Id. at 12.
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    With respect to Taigang, we determined in the Preliminary 
Determination that it failed to demonstrate an absence of de facto 
government contro, and, thus, the Department did not grant Taigang a 
separate rate. For this final determination, we continue to find, based 
on record evidence, that Taigang failed to demonstrate an absence of de 
facto government control, and we are, therefore, not granting Taigang a 
separate rate. For further discussion of this issue, see the Issues and 
Decision Memorandum at Issue 5.
    We have looked to sections 735(c)(5)(A)-(B) of the Act for guidance 
in determining the rate applicable to separate rate respondents not 
selected for individual examination. Under section 735(c)(5)(A) of the 
Act, the rate for all other companies that have not been individually 
examined is normally an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins, and any margins determined entirely on the basis of 
facts available. In this investigation, both exporters selected for 
individual examination have been found to be part of the PRC-wide 
entity, which is receiving an antidumping duty rate based entirely on 
facts otherwise available with an adverse inference. Therefore, looking 
to section 735(c)(5)(B) of the Act, the Department is using ``any 
reasonable method'' to determine the rate for exporters that are not 
being individually examined and found to be entitled to a separate 
rate, as we did in the Preliminary Determination. As such, we continue 
to assign the simple average of the two petition rates (i.e., 63.86 
percent) to the separate rate applicants not individually examined.\8\
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    \8\ See Preliminary Determination.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision Memorandum 
accompanying this notice, which is hereby adopted by this notice. A 
list of the issues which the parties raised and to which the Department 
responded in the memorandum appears in Appendix II of this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at 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 Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the memorandum are identical in content.

[[Page 9718]]

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the separate rate and PRC-wide 
entity cash deposit rates since the Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum, 
dated concurrently with this notice.\9\
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    \9\ See Issues and Decision Memorandum, dated concurrently with 
this memorandum.
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PRC-Wide Rate

    In our Preliminary Determination, we found that the PRC-wide 
entity, which includes Taigang, Daming, and other PRC exporters and/or 
producers that did not respond to the Department's requests for 
information, failed to provide necessary information, withheld 
information requested by the Department, failed to provide information 
in a timely manner, and significantly impeded this proceeding by not 
submitting the requested information. As a result, we preliminarily 
determined to calculate the PRC-wide rate on the basis of adverse facts 
available (AFA), pursuant to sections 776(a)-(b) of the Act. As AFA, we 
determined to use the highest petition margin (76.64 percent) and 
corroborated that margin. For this final determination, we continue to 
rely on AFA in determining the rate for the PRC-wide entity and to 
select 76.64 percent as the dumping margin for the PRC-wide entity.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\10\ Policy Bulletin 05.1 describes 
this practice.\11\
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    \10\ See Stainless Steel Sheet and Strip from the People's 
Republic of China: Initiation of Antidumping Duty Investigation, 81 
FR 12711 (March 10, 2016) (Initiation Notice).
    \11\ See Enforcement and Compliance Policy Bulletin No. 05.1 
``Separate-Rates Practice and Application of Combination Rates in 
Antidumping Investigations involving Non-Market Economy Countries,'' 
(April 5, 2005) (Policy Bulletin 05.1), available on the 
Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    The Department determines that imports of stainless sheet and strip 
from the PRC is being, or is likely to be, sold in the United States at 
LTFV as provided in section 735 of the Act and determines that the 
estimated final weighted-average dumping margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-
                                                                                      average      Cash deposit
                   Exporter                                 Producer              dumpin  margin        (%)
                                                                                        (%)
----------------------------------------------------------------------------------------------------------------
Taiyuan Ridetaixing Precision Stainless Steel   Taiyuan Ridetaixing Precision              63.86           45.26
 Incorporated Co., Ltd.                          Stainless Steel Incorporated
                                                 Co., Ltd.
Zhangjiagang Pohang Stainless Steel Co., Ltd..  Zhangjiagang Pohang Stainless              63.86           45.26
                                                 Steel Co., Ltd.
PRC-Wide Entity...............................  PRC-Wide Entity.................           76.64           58.04
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of any public announcement of this notice 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As noted above, for this final determination, the Department found 
that critical circumstances exist with respect to imports of the 
subject merchandise from the PRC-wide entity and the non-selected 
separate rate respondents. Therefore, in accordance with section 
735(c)(4)(A) of the Act, we will instruct U.S. Customs and Border 
Protection (CBP) to continue to suspend liquidation of all imports of 
the merchandise subject to the investigation, that were entered or 
withdrawn from warehouse, for consumption on or after June 21, 2016, 90 
days prior to publication of the Preliminary Determination in the 
Federal Register, and require a cash deposit for such entries as noted 
below.
    Pursuant to 19 CFR 351.205(d) and section 735(c)(1)(B)(ii) of the 
Act, we will instruct CBP to require a cash deposit \12\ for all 
suspended entries at an ad valorem rate equal to the weighted-average 
amount by which normal value exceeds U.S. price, as follows: (1) The 
cash deposit rate for the exporter/producer combination listed in the 
table above will be the dumping margin identified for that combination 
in the table adjusted, where appropriate,\13\ for export subsidies and 
estimated domestic subsidy pass-through; \14\ (2) for all combinations 
of PRC exporters/producers of merchandise under consideration that have 
not received their own separate rate above, the cash-deposit rate will 
be the dumping margin established for the PRC-wide entity, which will 
be adjusted, where appropriate for export subsidies and estimated 
domestic subsidy pass-through; and (3) for all non-PRC exporters of the 
merchandise under consideration which have not received their own 
separate rate above, the cash-deposit rate will be the cash deposit 
rate applicable to the PRC exporter/producer combination that supplied 
that non-PRC exporter. These suspension of liquidation and cash deposit 
instructions will remain in effect until further notice.
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    \12\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \13\ If the ITC makes an affirmative final determination, we 
will adjust the cash deposit rates by deducting applicable final 
export subsidy and domestic pass-through rates from the final 
dumping margins.
    \14\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department makes 
an adjustment for export subsidies in investigations not in the 
margin-calculation program, but to the cash-deposit rate. See Notice 
of Final Determination of Sales at Less Than Fair Value, and 
Negative Determination of Critical Circumstances: Certain Lined 
Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision memorandum at Comment 1.
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    The cash deposit rates were adjusted by the countervailing duty 
attributable to export subsidies. Pursuant to 777A(f) of the Act, we 
are also adjusting final cash deposit rates for estimated domestic 
subsidy pass-through, where appropriate.\15\
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    \15\ Id. at Issue 2.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at less than fair value. Because the final 
determination in this proceeding is

[[Page 9719]]

affirmative, the ITC will make its final determination, in accordance 
with section 735(b)(2) of the Act, as to whether the domestic industry 
in the United States is materially injured, threatened with material 
injury, or the establishment of an industry in the United States is 
materially retarded by reason of imports of passenger tires from the 
PRC, no later than 45 days after our final determination. If the ITC 
determines that material injury, threat of material injury, or material 
retardation does not exist, this proceeding will be terminated and all 
cash deposits posted will be refunded or canceled. If the ITC 
determines that such injury or material retardation does exist, then 
the Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice will serve as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 and notice are issued and 
published pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: January 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--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.

Appendix II--Outline of the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Use of Adverse Facts Available
VI. Critical Circumstances
VII. Separate Rates
VIII. Combination Rates
IX. PRC-Wide Rate
X. Adjustment Under Section 777A(F) of the Act
XI. Adjustment to Cash Deposit Rate for Export Subsidies
XII. Discussion of the Issues
XIII. Recommendation

List of Topics Discussed in the Issues and Decision Memorandum

Issue 1: Whether the Department's Investigation and Decision Not to 
Verify Taigang Were Lawful
Issue 2: Whether the Department Should Apply a Double-Remedy 
Adjustment for Domestic Subsidies Countervailed in the Accompanying 
CVD Investigation
Issue 3: Whether the Department has the Statutory Authority to Issue 
a Country-Wide ``PRC-Entity'' AD Rate, and Whether the Department 
has Justification for Applying FA or AFA to Taigang
Issue 4: Whether the Department's Presumption of PRC Government 
Control is Outdated
Issue 5: Whether Taigang's Export Activities Are Controlled by the 
Chinese Government

[FR Doc. 2017-02576 Filed 2-7-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    9716                       Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices

                                                    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


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                                                                               Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices                                                 9717

                                                    (LTFV). The period of investigation                     Period of Investigation                                 this issue, see the Issues and Decision
                                                    (POI) is July 1, 2015, through December                    The POI is July 1, 2015, through                     Memorandum at Issue 5.
                                                    31, 2015. The final weighted-average                    December 31, 2015. This period                             We have looked to sections
                                                    dumping margins for the investigation                   corresponds to the two most recent                      735(c)(5)(A)–(B) of the Act for guidance
                                                    on stainless sheet and strip from the                   fiscal quarters prior to the month of the               in determining the rate applicable to
                                                    PRC are listed below in the ‘‘Final                     filing of the petition.5                                separate rate respondents not selected
                                                    Determination’’ section of this notice.
                                                                                                            Scope of the Investigation                              for individual examination. Under
                                                    We continue to find that critical
                                                    circumstances exist for the PRC-wide                                                                            section 735(c)(5)(A) of the Act, the rate
                                                                                                              The product covered by this                           for all other companies that have not
                                                    entity and the separate rate companies                  investigation is stainless sheet and strip.
                                                    that were not selected for individual                                                                           been individually examined is normally
                                                                                                            For a complete description of the scope
                                                    examination.                                                                                                    an amount equal to the weighted
                                                                                                            of this investigation, see Appendix I.
                                                                                                                                                                    average of the estimated weighted-
                                                    FOR FURTHER INFORMATION CONTACT:                        Final Affirmative Determination of                      average dumping margins established
                                                    Alexander Cipolla, or Kathryn Wallace,                  Critical Circumstances                                  for exporters and producers
                                                    AD/CVD Operations, Office VII,
                                                                                                               We continue to find that critical                    individually investigated, excluding any
                                                    Enforcement and Compliance,
                                                    International Trade Administration,                     circumstances exist for the PRC-wide                    zero and de minimis margins, and any
                                                    U.S. Department of Commerce, 1401                       entity and non-selected respondents                     margins determined entirely on the
                                                    Constitution Avenue NW., Washington,                    eligible for a separate rate, in                        basis of facts available. In this
                                                    DC 20230; telephone: (202) 482–4956 or                  accordance with section 735(a)(3) of the                investigation, both exporters selected for
                                                    (202) 482–6251 respectively.                            Act and 19 CFR 351.206. For a full                      individual examination have been
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            description of the methodology and                      found to be part of the PRC-wide entity,
                                                                                                            results of our analysis, see the                        which is receiving an antidumping duty
                                                    Background                                              Preliminary Determination, unchanged                    rate based entirely on facts otherwise
                                                      On September 19, 2016, the                            in the Issues and Decision                              available with an adverse inference.
                                                    Department published its affirmative                    Memorandum.                                             Therefore, looking to section
                                                    preliminary determination that stainless                Separate Rates                                          735(c)(5)(B) of the Act, the Department
                                                    sheet and strip from the PRC is being,                                                                          is using ‘‘any reasonable method’’ to
                                                    or is likely to be, sold in the United                     In the Preliminary Determination, we
                                                                                                                                                                    determine the rate for exporters that are
                                                    States at less than fair value, as                      found that evidence provided by
                                                                                                                                                                    not being individually examined and
                                                    provided by section 733 of the Tariff Act               Taiyuan Ridetaixing Precision Stainless
                                                                                                                                                                    found to be entitled to a separate rate,
                                                    of 1930, as amended (the Act).1 The                     Steel Incorporated Co., Ltd.
                                                                                                                                                                    as we did in the Preliminary
                                                    following events occurred since the                     (Ridetaixing), and Zhangjiagang Pohang
                                                                                                            Stainless Steel Co., Ltd. (ZPSS)                        Determination. As such, we continue to
                                                    Preliminary Determination. On October                                                                           assign the simple average of the two
                                                    21, 2016, the Department issued a                       supported finding an absence of both de
                                                                                                            jure and de facto government control,                   petition rates (i.e., 63.86 percent) to the
                                                    postponement of the Final                                                                                       separate rate applicants not individually
                                                    Determination.2 We invited interested                   and, therefore, we preliminarily granted
                                                                                                            a separate rate to each of these                        examined.8
                                                    party comments on the Preliminary
                                                    Determination in this investigation. On                 companies.6 In addition, in the                         Analysis of Comments Received
                                                    November 2, 2016, mandatory                             Preliminary Determination, we found
                                                    respondent, Shanxi Taigang Stainless                    Tiancheng Stainless Steel Products Co.,                    All issues raised in the case and
                                                    Steel Co., Ltd (Taigang) submitted a case               Ltd. (Tiancheng), Taigang and Tianjin                   rebuttal briefs by parties to this
                                                    brief. On November 14, 2016,                            Taigang Daming Metal Product Co., Ltd.                  investigation are addressed in the Issues
                                                    Petitioners filed a rebuttal case brief.3               (Daming) to be ineligible for a separate                and Decision Memorandum
                                                    On January 17, 2017, the Department                     rate.7 For the final determination, we                  accompanying this notice, which is
                                                    held hearing with respect to this                       continue to find that Ridetaixing and                   hereby adopted by this notice. A list of
                                                    investigation. For a complete discussion                ZPSS are eligible for separate rates.                   the issues which the parties raised and
                                                                                                               With respect to Taigang, we                          to which the Department responded in
                                                    of the issues raised in the case and
                                                                                                            determined in the Preliminary                           the memorandum appears in Appendix
                                                    rebuttal briefs, see the Issues and
                                                                                                            Determination that it failed to                         II of this notice. The Issues and Decision
                                                    Decision Memorandum.4
                                                                                                            demonstrate an absence of de facto                      Memorandum is a public document and
                                                       1 See Stainless Steel Sheet and Strip From the       government contro, and, thus, the                       is on file electronically via Enforcement
                                                    People’s Republic of China: Preliminary Affirmative     Department did not grant Taigang a                      and Compliance’s Antidumping and
                                                    Determination of Sales at Less Than Fair Value and      separate rate. For this final                           Countervailing Duty Centralized
                                                    Preliminary Affirmative Determination of Critical       determination, we continue to find,
                                                    Circumstances, 81 FR 64135 (September 19, 2016)                                                                 Electronic Service System (ACCESS).
                                                    (Preliminary Determination) and the accompanying        based on record evidence, that Taigang                  ACCESS is available to registered users
                                                    Preliminary Determination Memorandum.                   failed to demonstrate an absence of de                  at http://access.trade.gov and is
                                                       2 See Stainless Steel Sheet and Strip from the       facto government control, and we are,                   available to all parties in the Central
                                                    People’s Republic of China: Postponement of Final       therefore, not granting Taigang a
                                                    Determination of Sales at Less Than Fair Value                                                                  Records Unit, room B8024 of the main
                                                    Investigation, 81 FR 72776 (October 21, 2016).
                                                                                                            separate rate. For further discussion of                Department of Commerce building. In
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       3 Petitioners are AK Steel Corporation, Allegheny
                                                                                                                                                                    addition, a complete version of the
                                                    Ludlum, LLC d/b/a ATI Flat Rolled Products, North       Determination in the Antidumping Duty
                                                                                                            Investigation of Stainless Steel Sheet and Strip from   Issues and Decision Memorandum can
                                                    American Stainless, and Outokumpu Stainless
                                                    USA, LLC.                                               the People’s Republic of China,’’ (February 1, 2017)    be accessed directly at http://
                                                       4 See Memorandum from Gary Taverman,                 (Issues and Decision Memorandum), which is              enforcement.trade.gov/frn/. The signed
                                                                                                            hereby adopted by this notice.
                                                    Associate Deputy Assistant Secretary for
                                                                                                               5 See 19 CFR 351.204(b)(1).
                                                                                                                                                                    and electronic versions of the
                                                    Antidumping and Countervailing Duty Operations,                                                                 memorandum are identical in content.
                                                                                                               6 See Preliminary Decision Memorandum at 10–
                                                    to Ronald K. Lorentzen, Acting Assistant Secretary
                                                    for Enforcement and Compliance, regarding               13.
                                                                                                                                                                     8 See   Preliminary Determination.
                                                    ‘‘Decision Memorandum for the Final                        7 Id. at 12.




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                                                    9718                             Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices

                                                    Changes Since the Preliminary                                       provide necessary information,                                      Combination Rates
                                                    Determination                                                       withheld information requested by the
                                                                                                                        Department, failed to provide                                         In the Initiation Notice, the
                                                      Based on our review and analysis of                                                                                                   Department stated that it would
                                                    the comments received from parties, we                              information in a timely manner, and
                                                                                                                        significantly impeded this proceeding                               calculate combination rates for the
                                                    made certain changes to the separate                                                                                                    respondents that are eligible for a
                                                    rate and PRC-wide entity cash deposit                               by not submitting the requested
                                                                                                                        information. As a result, we                                        separate rate in this investigation.10
                                                    rates since the Preliminary
                                                                                                                        preliminarily determined to calculate                               Policy Bulletin 05.1 describes this
                                                    Determination. For a discussion of these
                                                                                                                        the PRC-wide rate on the basis of                                   practice.11
                                                    changes, see the Issues and Decision
                                                    Memorandum, dated concurrently with                                 adverse facts available (AFA), pursuant                             Final Determination
                                                    this notice.9                                                       to sections 776(a)–(b) of the Act. As
                                                                                                                        AFA, we determined to use the highest                                 The Department determines that
                                                    PRC-Wide Rate                                                       petition margin (76.64 percent) and                                 imports of stainless sheet and strip from
                                                      In our Preliminary Determination, we                              corroborated that margin. For this final                            the PRC is being, or is likely to be, sold
                                                    found that the PRC-wide entity, which                               determination, we continue to rely on                               in the United States at LTFV as
                                                    includes Taigang, Daming, and other                                 AFA in determining the rate for the                                 provided in section 735 of the Act and
                                                    PRC exporters and/or producers that did                             PRC-wide entity and to select 76.64                                 determines that the estimated final
                                                    not respond to the Department’s                                     percent as the dumping margin for the                               weighted-average dumping margins are
                                                    requests for information, failed to                                 PRC-wide entity.                                                    as follows:

                                                                                                                                                                                                                Weighted-
                                                                                                                                                                                                                 average        Cash deposit
                                                                                   Exporter                                                                      Producer                                        dumpin             (%)
                                                                                                                                                                                                                  margin
                                                                                                                                                                                                                   (%)

                                                    Taiyuan Ridetaixing Precision Stainless Steel Incor-                          Taiyuan Ridetaixing Precision Stainless Steel Incor-                                63.86               45.26
                                                      porated Co., Ltd.                                                             porated Co., Ltd.
                                                    Zhangjiagang Pohang Stainless Steel Co., Ltd ...........                      Zhangjiagang Pohang Stainless Steel Co., Ltd ...........                            63.86               45.26
                                                    PRC-Wide Entity ...........................................................   PRC-Wide Entity ...........................................................         76.64               58.04



                                                    Disclosure                                                          Federal Register, and require a cash                                exporters of the merchandise under
                                                                                                                        deposit for such entries as noted below.                            consideration which have not received
                                                      We intend to disclose to parties the
                                                                                                                          Pursuant to 19 CFR 351.205(d) and                                 their own separate rate above, the cash-
                                                    calculations performed in this
                                                                                                                        section 735(c)(1)(B)(ii) of the Act, we                             deposit rate will be the cash deposit rate
                                                    proceeding within five days of any
                                                                                                                        will instruct CBP to require a cash                                 applicable to the PRC exporter/producer
                                                    public announcement of this notice in
                                                                                                                        deposit 12 for all suspended entries at an                          combination that supplied that non-PRC
                                                    accordance with 19 CFR 351.224(b).
                                                                                                                        ad valorem rate equal to the weighted-                              exporter. These suspension of
                                                    Continuation of Suspension of                                       average amount by which normal value                                liquidation and cash deposit
                                                    Liquidation                                                         exceeds U.S. price, as follows: (1) The                             instructions will remain in effect until
                                                                                                                        cash deposit rate for the exporter/                                 further notice.
                                                       As noted above, for this final
                                                    determination, the Department found                                 producer combination listed in the table                               The cash deposit rates were adjusted
                                                    that critical circumstances exist with                              above will be the dumping margin                                    by the countervailing duty attributable
                                                    respect to imports of the subject                                   identified for that combination in the                              to export subsidies. Pursuant to 777A(f)
                                                    merchandise from the PRC-wide entity                                table adjusted, where appropriate,13 for                            of the Act, we are also adjusting final
                                                    and the non-selected separate rate                                  export subsidies and estimated domestic                             cash deposit rates for estimated
                                                    respondents. Therefore, in accordance                               subsidy pass-through; 14 (2) for all                                domestic subsidy pass-through, where
                                                    with section 735(c)(4)(A) of the Act, we                            combinations of PRC exporters/                                      appropriate.15
                                                    will instruct U.S. Customs and Border                               producers of merchandise under                                      International Trade Commission
                                                    Protection (CBP) to continue to suspend                             consideration that have not received                                Notification
                                                    liquidation of all imports of the                                   their own separate rate above, the cash-
                                                    merchandise subject to the                                          deposit rate will be the dumping margin                                In accordance with section 735(d) of
                                                    investigation, that were entered or                                 established for the PRC-wide entity,                                the Act, we will notify the International
                                                    withdrawn from warehouse, for                                       which will be adjusted, where                                       Trade Commission (ITC) of the final
                                                    consumption on or after June 21, 2016,                              appropriate for export subsidies and                                affirmative determination of sales at less
                                                    90 days prior to publication of the                                 estimated domestic subsidy pass-                                    than fair value. Because the final
                                                    Preliminary Determination in the                                    through; and (3) for all non-PRC                                    determination in this proceeding is
                                                      9 See Issues and Decision Memorandum, dated                       available on the Department’s Web site at http://                     14 See sections 772(c)(1)(C) and 777A(f) of the

                                                                                                                        enforcement.trade.gov/policy/bull05-1.pdf.                          Act, respectively. Unlike in administrative reviews,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    concurrently with this memorandum.
                                                      10 See Stainless Steel Sheet and Strip from the                     12 See Modification of Regulations Regarding the                  the Department makes an adjustment for export
                                                    People’s Republic of China: Initiation of                           Practice of Accepting Bonds During the Provisional                  subsidies in investigations not in the margin-
                                                                                                                        Measures Period in Antidumping and                                  calculation program, but to the cash-deposit rate.
                                                    Antidumping Duty Investigation, 81 FR 12711
                                                                                                                        Countervailing Duty Investigations, 76 FR 61042                     See Notice of Final Determination of Sales at Less
                                                    (March 10, 2016) (Initiation Notice).
                                                                                                                        (October 3, 2011).                                                  Than Fair Value, and Negative Determination of
                                                      11 See Enforcement and Compliance Policy
                                                                                                                          13 If the ITC makes an affirmative final                          Critical Circumstances: Certain Lined Paper
                                                    Bulletin No. 05.1 ‘‘Separate-Rates Practice and                     determination, we will adjust the cash deposit rates                Products from India, 71 FR 45012 (August 8, 2006),
                                                    Application of Combination Rates in Antidumping                     by deducting applicable final export subsidy and                    and accompanying Issues and Decision
                                                    Investigations involving Non-Market Economy                         domestic pass-through rates from the final dumping                  memorandum at Comment 1.
                                                    Countries,’’ (April 5, 2005) (Policy Bulletin 05.1),                margins.                                                              15 Id. at Issue 2.




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                                                                               Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices                                                  9719

                                                    affirmative, the ITC will make its final                specific dimensions of sheet and strip set            7220.90.0080. Although the HTSUS
                                                    determination, in accordance with                       forth above following such processing. The            subheadings are provided for convenience
                                                    section 735(b)(2) of the Act, as to                     products described include products                   and customs purposes, the written
                                                                                                            regardless of shape, and include products of          description of the scope of this proceeding is
                                                    whether the domestic industry in the
                                                                                                            either rectangular or non-rectangular cross-          dispositive.
                                                    United States is materially injured,                    section where such cross-section is achieved
                                                    threatened with material injury, or the                 subsequent to the rolling process, i.e.,              Appendix II—Outline of the Issues and
                                                    establishment of an industry in the                     products which have been ‘‘worked after               Decision Memorandum
                                                    United States is materially retarded by                 rolling’’ (e.g., products which have been             I. Summary
                                                    reason of imports of passenger tires from               beveled or rounded at the edges).                     II. Background
                                                    the PRC, no later than 45 days after our                   For purposes of the width and thickness
                                                                                                                                                                  III. Scope Comments
                                                    final determination. If the ITC                         requirements referenced above: (1) Where the
                                                                                                                                                                  IV. Scope of the Investigation
                                                                                                            nominal and actual measurements vary, a
                                                    determines that material injury, threat of                                                                    V. Use of Adverse Facts Available
                                                                                                            product is within the scope if application of
                                                    material injury, or material retardation                                                                      VI. Critical Circumstances
                                                                                                            either the nominal or actual measurement
                                                    does not exist, this proceeding will be                                                                       VII. Separate Rates
                                                                                                            would place it within the scope based on the
                                                    terminated and all cash deposits posted                                                                       VIII. Combination Rates
                                                                                                            definitions set forth above; and (2) where the
                                                    will be refunded or canceled. If the ITC                                                                      IX. PRC-Wide Rate
                                                                                                            width and thickness vary for a specific
                                                                                                                                                                  X. Adjustment Under Section 777A(F) of the
                                                    determines that such injury or material                 product (e.g., the thickness of certain
                                                                                                            products with non-rectangular cross-section,                Act
                                                    retardation does exist, then the                                                                              XI. Adjustment to Cash Deposit Rate for
                                                    Department will issue an antidumping                    the width of certain products with non-
                                                                                                            rectangular shape, etc.), the measurement at                Export Subsidies
                                                    duty order directing CBP to assess, upon                                                                      XII. Discussion of the Issues
                                                                                                            its greatest width or thickness applies.
                                                    further instruction by the Department,                     All products that meet the written physical        XIII. Recommendation
                                                    antidumping duties on all imports of the                description, and in which the chemistry               List of Topics Discussed in the Issues and
                                                    subject merchandise entered, or                         quantities do not exceed any one of the noted         Decision Memorandum
                                                    withdrawn from warehouse, for                           element levels listed above, are within the
                                                                                                                                                                  Issue 1: Whether the Department’s
                                                    consumption on or after the effective                   scope of this investigation unless specifically
                                                                                                                                                                     Investigation and Decision Not to Verify
                                                    date of the suspension of liquidation.                  excluded.
                                                                                                                                                                     Taigang Were Lawful
                                                                                                               Subject merchandise includes stainless
                                                    Notification Regarding Administrative                                                                         Issue 2: Whether the Department Should
                                                                                                            steel sheet and strip that has been further
                                                    Protective Orders                                                                                                Apply a Double-Remedy Adjustment for
                                                                                                            processed in a third country, including but
                                                                                                                                                                     Domestic Subsidies Countervailed in the
                                                       In the event the ITC issues a final                  not limited to cold-rolling, annealing,
                                                                                                                                                                     Accompanying CVD Investigation
                                                                                                            tempering, polishing, aluminizing, coating,
                                                    negative injury determination, this                                                                           Issue 3: Whether the Department has the
                                                                                                            painting, varnishing, trimming, cutting,
                                                    notice will serve as the only reminder                                                                           Statutory Authority to Issue a Country-
                                                                                                            punching, and/or slitting, or any other
                                                    to parties subject to an administrative                                                                          Wide ‘‘PRC-Entity’’ AD Rate, and Whether
                                                                                                            processing that would not otherwise remove
                                                    protective order (APO) of their                                                                                  the Department has Justification for
                                                                                                            the merchandise from the scope of the
                                                    responsibility concerning the                                                                                    Applying FA or AFA to Taigang
                                                                                                            investigation if performed in the country of
                                                                                                                                                                  Issue 4: Whether the Department’s
                                                    disposition of proprietary information                  manufacture of the stainless steel sheet and
                                                                                                                                                                     Presumption of PRC Government Control is
                                                    disclosed under APO in accordance                       strip.
                                                                                                                                                                     Outdated
                                                    with 19 CFR 351.305(a)(3). Timely                          Excluded from the scope of this
                                                                                                                                                                  Issue 5: Whether Taigang’s Export Activities
                                                    written notification of the return or                   investigation are the following: (1) Sheet and
                                                                                                                                                                     Are Controlled by the Chinese Government
                                                                                                            strip that is not annealed or otherwise heat
                                                    destruction of APO materials, or                                                                              [FR Doc. 2017–02576 Filed 2–7–17; 8:45 am]
                                                                                                            treated and not pickled or otherwise
                                                    conversion to judicial protective order,                descaled; (2) plate (i.e., flat-rolled stainless      BILLING CODE 3510–DS–P
                                                    is hereby requested. Failure to comply                  steel products of a thickness of 4.75 mm or
                                                    with the regulations and terms of an                    more); and (3) flat wire (i.e., cold-rolled
                                                    APO is a violation subject to sanction.                 sections, with a mill edge, rectangular in            DEPARTMENT OF COMMERCE
                                                    This determination and notice are                       shape, of a width of not more than 9.5 mm).
                                                    issued and published pursuant to                           The products under investigation are               International Trade Administration
                                                    sections 735(d) and 777(i)(1) of the Act.               currently classifiable under Harmonized
                                                                                                            Tariff Schedule of the United States (HTSUS)          [A–533–871]
                                                      Dated: January 1, 2017.                               subheadings 7219.13.0031, 7219.13.0051,
                                                    Ronald K. Lorentzen,                                    7219.13.0071, 7219.13.0081, 7219.14.0030,             Finished Carbon Steel Flanges From
                                                    Acting Assistant Secretary for Enforcement              7219.14.0065, 7219.14.0090, 7219.23.0030,             India: Preliminary Determination of
                                                    and Compliance.                                         7219.23.0060, 7219.24.0030, 7219.24.0060,             Sales at Less Than Fair Value and
                                                                                                            7219.32.0005, 7219.32.0020, 7219.32.0025,
                                                    Appendix I—Scope of the Investigation                                                                         Postponement of Final Determination
                                                                                                            7219.32.0035, 7219.32.0036, 7219.32.0038,
                                                      The merchandise covered by this                       7219.32.0042, 7219.32.0044, 7219.32.0045,             AGENCY:   Enforcement and Compliance,
                                                    investigation is stainless steel sheet and strip,       7219.32.0060, 7219.33.0005, 7219.33.0020,             International Trade Administration,
                                                    whether in coils or straight lengths. Stainless         7219.33.0025, 7219.33.0035, 7219.33.0036,
                                                                                                                                                                  Department of Commerce.
                                                    steel is an alloy steel containing, by weight,          7219.33.0038, 7219.33.0042, 7219.33.0044,
                                                    1.2 percent or less of carbon and 10.5 percent          7219.33.0045, 7219.33.0070, 7219.33.0080,             SUMMARY: The Department of Commerce
                                                    or more of chromium, with or without other              7219.34.0005, 7219.34.0020, 7219.34.0025,             (the Department) preliminarily
                                                    elements. The subject sheet and strip is a flat-        7219.34.0030, 7219.34.0035, 7219.34.0050,             determines that finished carbon steel
                                                    rolled product with a width that is greater             7219.35.0005, 7219.35.0015, 7219.35.0030,             flanges from India are being, or are
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    than 9.5 mm and with a thickness of 0.3048              7219.35.0035, 7219.35.0050, 7219.90.0010,             likely to be, sold in the United States at
                                                    mm and greater but less than 4.75 mm, and               7219.90.0020, 7219.90.0025, 7219.90.0060,             less than fair value (LTFV). The period
                                                    that is annealed or otherwise heat treated,             7219.90.0080, 7220.12.1000, 7220.12.5000,
                                                                                                                                                                  of investigation (POI) is April 1, 2015,
                                                    and pickled or otherwise descaled. The                  7220.20.1010, 7220.20.1015, 7220.20.1060,
                                                    subject sheet and strip may also be further             7220.20.1080, 7220.20.6005, 7220.20.6010,             through March 31, 2016. The estimated
                                                    processed (e.g., cold-rolled, annealed,                 7220.20.6015, 7220.20.6060, 7220.20.6080,             weighted-average dumping margins of
                                                    tempered, polished, aluminized, coated,                 7220.20.7005, 7220.20.7010, 7220.20.7015,             sales at LTFV are shown in the
                                                    painted, varnished, trimmed, cut, punched,              7220.20.7060, 7220.20.7080, 7220.90.0010,             ‘‘Preliminary Determination’’ section of
                                                    or slit, etc.) provided that it maintains the           7220.90.0015, 7220.90.0060, and                       this notice. Interested parties are invited


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Document Created: 2017-02-08 02:59:34
Document Modified: 2017-02-08 02:59:34
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 February 8, 2017.
ContactAlexander Cipolla, or Kathryn Wallace, 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- 4956 or (202) 482-6251 respectively.
FR Citation82 FR 9716 

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